Research On The Issue Of Incidental Review Of Regulatory Documents In Administrative Litigation

The system of incidental review of normative documents in the field of administrative litigation adheres to the concept of controlling rights and protecting the people,takes the settlement of administrative disputes as the starting point,supervises the power of administrative formulation through judicial procedures,and examines the legitimacy of normative documents.After the amendment of the administrative procedure law in 2014,it opened a window for abstract administrative ACTS,allowing normative documents to enter the review channel in collateral form as the basis of ACTS,thus broadening the scope of judicial review,aiming to regulate "abuse and abuse" ACTS,promote administrative harmony with judicial justice and improve people's well-being.Since its establishment in 2014,the collateral review system of normative documents in administrative litigation has been playing a certain role,but this effect is not significant enough,there are imperfect aspects in judicial practice,and the establishment of various links of system rules is not clear and appropriate enough.Therefore,this paper aims to explore the problems and ways to improve the practice and rules of the review of normative documents in administrative litigation.The first part of the article expounds the concept of normative documents,the way of reviewing normative documents and the establishment of the system of incidental review of normative documents in administrative litigation,so as to define the concept and scope of incidental review of normative documents in administrative litigation.The second part of the article is a general review of the current situation of practice.The basic rules of the system operation are sorted out by summarizing the situation of not giving legitimacy review,the situation of legitimacy review and the relevant data of the judgment result.In the third part of the article,some defects are found in the rules of the ruling system,and some deficiencies are found in the review of the judgment practice.To review the premise of too strict will cause less file can enter the review process,just review of regulatory documents and exclusion of other panel objects based on difficult to reconcile the contradictions,review standard slightly low rigidity and engagementparty is difficult to ensure that the results of comprehensive fair,the court's jurisdiction with no final discretion problem is difficult to ensure that the nature of administrative dispute solution,the referee reasons things out the lack of standardization.The fourth part of the article puts forward the corresponding improvement plan according to the problems in each link.Suggest breakthrough of behavior on the basis of too strict limit,to direct basis,specific terms and administration as the basis of appropriate no grasp,rules and regulations should be brought into the scope of review and establish the legitimacy,rationality and auxiliary examination principle,unified program review standards,enhance the participation,normative interpretation of the written judgment reasoning and trying to build National People's Congress standing committee of the final ruling legitimacy review database mechanism and regulatory documents.